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UPSC Prelims 2021 · Environment · Rules for the Planet
At the national level, which ministry is the nodal agency to ensure effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006?
- (a) Ministry of Environment, Forest and Climate Change
- (b) Ministry of Panchayati Raj
- (c) Ministry of Rural Development
- (d) Ministry of Tribal Affairs
Show the answer and explanation
Answer: (d) Ministry of Tribal Affairs
The Ministry of Tribal Affairs is the nodal ministry for the Forest Rights Act, 2006.
The idea
The Forest Rights Act is not a forest-management law. Its opening words say it corrects a “historical injustice” to forest-dwelling people, whose rights were not recorded when forests were taken over by the State. It is a rights law for tribal and forest-dwelling people, so it sits with the Ministry of Tribal Affairs.
Colonial and later forest laws declared forests as State property → People living there became “encroachers” → Forest Rights Act, 2006 recognises their rights → A rights law for tribal people → Ministry of Tribal Affairs is the nodal ministry
Why the others are wrong
(a) MoEFCC handles forests but not forest rights.
The trap
A “forest” Act sounds like the Environment ministry’s job.
Also know
Three kinds of rights: individual rights over land being cultivated (up to 4 hectares), community rights (grazing, fishing, minor forest produce), and the right to protect and manage a community forest resource. Scheduled Tribes must have been in occupation before 13 December 2005; other traditional forest dwellers must show three generations (75 years) of residence and forest dependence before 13 December 2005.
🔒 FRA 2006: nodal = Ministry of Tribal Affairs; gram sabha starts the claim process.